While defendants have a constitutional right to represent themselves (Faretta v. California, 1975), this right is not absolute and can be revoked when the defendant disrupts court proceedings, refuses to comply with court rules, or makes a mockery of the judicial process. Courts may appoint counsel and impose penalties such as contempt charges and bond revocation when self-representation becomes an abuse of the court's dignity and procedures.
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Sovereign Citizen Lies Under Oath—Judge DESTROYS Him Instantly!Added:
Don't don't don't make it worse by lying to me right now, Mr. McCloud. You wrote clear things on that mailing that indicate sovereign citizen types of defenses that you thought you were asserting. It's not that this was joint mail. Uh for failing to appear on July 9th at 9:30 a.m. for a 53-day check-in court hearing.
>> [snorts] >> You've got the right to a hearing on that allegation where it would need to be proven beyond reasonable doubt and the right to the assistance of an attorney at that hearing.
Uh if you are found to be in violation If you are found to be in contempt, I could jail you for up to 93 days and a fine of up to $7,500 or both. I can also revoke your bond if you're not uh by If you're not complying with the terms of your release.
Do you understand the rights [clears throat] and penalties that you have in front of you, Mr. McCloud? Sure.
Could I Could I um I I was under the impression that this was all going to be over with by now that we're >> Nope. Nope.
>> [clears throat] >> All right, Mr. McCloud. And and also so so you you know the rights and penalties that I outlined for you. You understand those? Okay. All right.
Mr. Barker, do you know how he wishes to proceed?
>> [clears throat] >> I don't know. He indicated he would like to represent himself.
Mr. McCloud, are you indicating you want to represent yourself?
Well, I I thought that we Can I say a couple things first for the record?
>> No. Okay. You can answer my questions.
>> Sure. Do you want Are you saying you want to represent yourself? I I have been doing that the whole time. You've been doing that the whole time.
Um under Faretta v. California 1975 US Supreme Court, the defendant has the constitutional right to represent himself.
He has in this case unequivocally asserted that right in prior hearings and validly waived his right to counsel.
However, [clears throat] self-representation may be denied where the defendant disrupts, unduly inconveniences, or burdens the court in the administration of the court's business.
That's 1976 Michigan Supreme Court People v. Anderson.
Even the Faretta case, the US Supreme Court said the right of self-representation is not a license to abuse the dignity of the courtroom.
Neither is it a license not to comply with the relevant rules of procedural and substantive law.
Here, while representing himself, defendant refused to accept mail from the clerk's office.
Uh when that happened, I directed staff to resend the mailing directly from the court, giving him the benefit of the doubt, because he was representing himself, he would surely accept something from the court. He again refused, writing in red lettering on the envelope, "Return to sender."
"An offer to contract is denied."
Defendant had someone file a document on his behalf in this case called a letter rogatory for relief, which was legal nonsense, accusing the court of fraudulently using this case as some sort of security against his trust, claiming that all judges are foreign agents and/or employees of the International Monetary Fund, which is absolutely absurd, and demanding that he be placed on some non-existent P9 detainee list.
This is not the first time that this defendant has disrupted this court's business.
One time I had to hold Mr. McCloud in contempt for refusing to answer my questions during his initial waiver of counsel.
After that contempt, we were able to complete the waiver process, and I allowed him to represent himself.
But at those subsequent hearings, he repeatedly interrupted the proceedings.
He repeatedly persisted in arguments even after being heard and ruled against.
And now he has refused to participate in the court process by rejecting court mailings while purporting to represent himself.
So, I have now lost any confidence, Mr. McCloud, that you are able to represent yourself in this matter without disrupting the court's business or making a mockery of the court proceedings.
Therefore, as this case moves forward, I am revoking your right to represent yourself, and I'm appointing Mr. Wergo to represent you as a lawyer.
Okay. Let's just do Wergo over here. If the office of assigned counsel determines that Mr. McCloud is not indigent or is only partially indigent, that office may petition this court under the applicable statute for contribution from Mr. McCloud for the cost of representation.
So, Mr. Varga, you want us to set this for a hearing then? I do.
All right, Mr. We're not guilty. All right, Mr. McCloud, we'll enter plea of not guilty on your behalf as to the contempt.
So, we have to schedule this for a docket call on the underlying case, which is still pending, and on the contempt hearing, I'll schedule that for August 20th at 10:00 a.m.
I also have to advise you, Mr. McCloud, that I canceled your jury trial date and gave that date to somebody else who was here.
So, your trial on August 8th and 9th will not occur.
I will next see you on August 20th at 10:00 a.m.
Anything else to release, Mr. Varga?
Does the court want to uh entertain a uh bond in this matter, your honor?
To my understanding, Mr. McCloud I'm a local resident in the Atlanta With the exception of the last court date that he tells me that uh he thought the case was resolved, although obviously it was not.
Uh he has appeared for most of his uh prior court dates Oh.
on cash bond.
And he's employed locally, your honor. I think perhaps if the court would uh set a modest uh monetary bond that would ensure future appearances.
>> a bond now.
I think so.
All right, Mr. Juliett. Your honor, I would ask that bond remain revoked. Uh he is what I'm told rejecting the court's uh mailings of the notice to appear.
I I mean, I think that's just a blatant violation of Can I speak? of the uh court rule. So, he's made it clear he doesn't want to take this serious. I would ask that bond remain revoked.
All right, Mr. McCloud, is there something you wanted to tell me? I want to speak on that the [clears throat] mailing stuff. I I do that with all my junk mail and I'm really sorry if that happened to one of your letters.
>> Don't don't don't make it worse by lying to me right now, Mr. McCloud. You wrote clear things on that mailing that indicate sovereign citizen types of defenses that you thought you were asserting. It's not that this was junk mail. Don't make it worse by Don't make it worse by lying, Mr. McCloud.
>> for for maybe listening to some of the wrong information [clears throat] when I don't Well, you're a grown person, Mr. McCloud, and I I hope you're learning an important lesson in civics.
>> Can I Can I Can I just say this? You said what you wanted to say, Mr. Can I Can I make a decision? Can I say this? I have a job right now that's completely exposed to the weather. I've got $40,000 worth of windows coming this week to this job. I I really really I invested in this job and my client really enjoyed it. Why this would be a really big problem if I get this revoked >> [clears throat] >> at this stage. All right, well, Mr. McCloud, it's a shame you had to learn a civics lesson the hard way here. You are a citizen with rights and freedoms, but you also have responsibilities in a society where other citizens live alongside you.
That includes obeying the laws that the people pass through their representatives. For example, the people are entitled to pass a law that says they don't want folks operating boats under the influence of alcohol. You think that law doesn't apply? It does.
>> That wasn't And when a law enforcement officer sees you violating that law, you can't resist arrest without consequence.
When you are alleged to violate those laws, Mr. McCloud, there's a third branch of government that does exist.
And it exists for the orderly resolution of those disputes, those allegations, with full protection of your rights as opposed to some kind of vigilante justice system.
You may not agree with this, but this court has diligently tried to protect your rights and afforded you a respectful and lawful process.
You have disrupted and ignored that process. You have disrespected that process time and again.
That subjects you now to contempt of court and revocation of bond.
Most people, Mr. McCloud, learn this lesson easy way. It seems that you now have to learn it the hard way.
You're remanded into the custody of Sheriff Canchola, and we'll next see you, sir, with your lawyer, Mr. Worbel.
What we just witnessed is the spectacular downfall of a sovereign citizen who genuinely thought he could outsmart the legal system with schoolboy excuses. Mr. McCloud walked into this courtroom representing him completely convinced that he was above the law. He didn't just ignore the court. He actively disrespected it by returning official legal documents covered in red ink claiming they were nothing more than junk mail. He even went as far as filing absolute legal nonsense accusing the judges of being foreign agents working for the International Monetary But when the reality of jail time stared him dead in the face, all that sovereign citizen confidence completely vanished. Instead of standing by his radical beliefs, he turned into a coward offering a pathetic lie under oath by claiming it was all just a big misunderstanding with his regular mail. But this judge was sharp, experienced, and absolutely not in the mood for games. He caught him red-handed, exposed his lies, and delivered a brutal reality check. The judge stripped away his right to self-representation, appointed him a real lawyer, and revoked his bond entirely ordering him into immediate custody. Even when McCloud began desperately begging for mercy, crying about his $40,000 window contract and how jail would ruin his business, the judge stood firm. He made it clear that being a citizen comes with rights, but it also comes with a strict responsibility to obey the laws passed by the people. McCloud chose to learn his civics lesson the hard way, tradesman or not. It's a deeply satisfying end for anyone who respects the dignity of the courtroom, but it leaves us with an important question to discuss. Do you think the judge was right to completely ignore his financial and business or should he have given him one last chance to save his job? Let me know your thoughts in the comments below. Smash that like button and subscribe to Courtroom Justice Reports for more explosive breakdown. Thank you for watching and we will see you in the next case.
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